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hend, from office too: they were formerly incapable of serving in the militia, except as drummers or pioneers, but now I presume they are enrolled in the lists of those that bear arms, though formerly punishable for presuming to appear at a muster-field.** 1723. c. 2. During the revolution war many of them were enlisted as soldiers in the regular army. Even slaves were not rejected from military service at that period, and such as served faithfully during the period of their enlistment, were emancipated by an act passed after the conclusion of the war.†† Oct. 1783. c. 3. An act of justice to which they were entitled upon every principle. All but housekeepers, and persons residing upon the frontiers are prohibited from keeping, or carrying any gun, powder, shot, club, or other weapon offensive or defensive:‡‡ 1748. c. 31. Edit. 1794 Resistance to a white person, in any case, was, formerly, and now, in any case, except a wanton assault on the Negroe or mulattoe, is punishable by whipping.§§ Ib. c. 103. No Negroe or mulattoe can be a witness
vote at the election of burgesses, or any other election whatsoever.—This act, it is presumed, was in force at the adoption of the constitution.—The act of 1785, c. 55 (edit. of 1794, c. 17,), also expressly excludes them from the right of suffrage.
